Karnataka High Court

The Chief Engineer vs U.B.Shetty on 21 July, 2022

Bench: P.S.Dinesh Kumar, C.M. Poonacha

                            1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY, 2022

                        PRESENT

     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                          AND

      THE HON'BLE MR. JUSTICE C.M. POONACHA

                COMAP No.2 OF 2022
                          C/W
                COMAP No.3 OF 2022
               COMAP No.161 OF 2022
               COMAP No.162 OF 2022
               COMAP No.163 OF 2022

IN COMAP No.2 OF 2022

BETWEEN:

1.    THE CHIEF ENGINEER
      THE KARNATAKA STATE HEALTH
      SYSTEM DEVELOPMENT PROJECT
      PRESENTLY KNOWN AS
      DEPARTMENT OF HEALTH
      AND FAMILY WELFARE
      ENGINEERING WING
      AROGYA SOUDHA
      3RD FLOOR, 1ST CROSS
      LEPROSY HOSPITAL PREMISES
      MAGADI ROAD
      BENGALURU - 560 026.

2.    THE PRINCIPAL SECRETARY
      STATE OF KARNATAKA
      DEPARTMENT OF HEALTH AND
      FAMILY WELFARE
      III FLOOR, VIKAS SOUDHA
      BENGALURU - 560 001.                  ...APPELLANTS

(BY SHRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)
                               2




AND:

1.     U.B. SHETTY
       S/O MADAYYA SHETTY
       AGED ABOUT 58 YEARS
       CLASS I CONTRACTOR
       R/AT WINDCHIEM
       NO.497, 6TH MAIN
       R.M.V 2ND STAGE
       DOLLARS COLONY
       BENGALURU - 560 007.

2.     KARNATAKA HEALTH SYSTEMS
       DEVELOPMENT PROJECT
       REP. BY THE PROJECT ADMINISTRATOR
       KHSDP, I FLOOR,
       STATE FOOD LABORATORY
       BHI BUILDINGS, SESHADRI ROAD
       K.R.CIRCLE
       BENGALURU - 560 001.                ...RESPONDENTS

(BY SHRI. YASHODHAR HEGDE, ADVOCATE FOR C/R1)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1)(A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18/08/2021 IN COM.A.P.NO. 36/2021 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT), BENGALURU, WHEREIN THE HON'BLE TRIAL COURT REJECTED THE IA NO.1 FILED BY THE APPELLANTS, UNDER SECTION 5 AND 14 OF THE LIMITATION ACT, R/W SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996, CONSEQUENTLY DISMISSAL OF ARBITRATION AND CONCILIATION ACT, 1996 AS TIME BARRED AND ETC.,

IN COMAP No.3 OF 2022

BETWEEN:

1. THE CHIEF ENGINEER THE KARNATAKA STATE HEALTH SYSTEM DEVELOPMENT PROJECT PRESENTLY KNOWN AS

DEPARTMENT OF HEALTH AND FAMILY WELFARE ENGINEERING WING AROGYA SOUDHA 3RD FLOOR, 1ST CROSS LEPROSY HOSPITAL PREMISES MAGADI ROAD BENGALURU - 560 026.

2. THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE III FLOOR, VIKAS SOUDHA BENGALURU - 560 001. ...APPELLANTS

(BY SHRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)

AND:

1. U.B. SHETTY S/O MADAYYA SHETTY AGED ABOUT 58 YEARS CLASS I CONTRACTOR R/AT WINDCHIEM NO.497, 6TH MAIN R.M.V 2ND STAGE DOLLARS COLONY BENGALURU - 560 007.

2. KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT REP. BY THE PROJECT ADMINISTRATOR KHSDP, I FLOOR, STATE FOOD LABORATORY BHI BUILDINGS, SESHADRI ROAD K.R.CIRCLE BENGALURU - 560 001. ...RESPONDENTS

(BY SHRI. YASHODHAR HEGDE, ADVOCATE FOR C/R1)

IA NO.1 FILED BY THE APPELLANTS, UNDER SECTION 5 AND 14 OF THE LIMITATION ACT, R/W SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996, CONSEQUENTLY DISMISSAL OF ARBITRATION PETITION UNDER SECTION 34 OF THE ARBITATION AND CONCILIATION ACT, 1996 AS TIME BARRED AND ETC.,

IN COMAP No.161 OF 2022

BETWEEN:

1. THE CHIEF ENGINEER THE KARNATAKA STATE HEALTH SYSTEM DEVELOPMENT PROJECT PRESENTLY KNOWN AS DEPARTMENT OF HEALTH AND FAMILY WELFARE ENGINEERING WING 1ST FLOOR, PHI BUILDING SESHADRI ROAD BENGALURU - 560 001.

PRESENTLY OFFICE SITUATED AT:

ENGINEERING WING O/o OF THE CHIEF ENGINEER AROGYA SOUDHA 3RD FLOOR, LEPROSY HOSPITAL PREMISES 1ST CROSS, MAGADI ROAD BENGALURU - 560 023.

2. THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE III FLOOR, VIKAS SOUDHA BENGALURU - 560 001. ...APPELLANTS

(BY SHRI. SHRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)

AND:

1. U.B. SHETTY S/O MADAYYA SHETTY AGED ABOUT 58 YEARS CLASS I CONTRACTOR R/AT WINDCHIEM

NO.497, 6TH MAIN R.M.V 2ND STAGE DOLLARS COLONY BENGALURU - 560 007.

2. KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT REP. BY THE PROJECT ADMINISTRATOR KHSDP, I FLOOR, STATE FOOD LABORATORY BHI BUILDINGS, SESHADRI ROAD K.R.CIRCLE BENGALURU - 560 001. ...RESPONDENTS

(BY SHRI. AJAY J. NANDALIKE, ADVOCATE FOR C/R1)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 (1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 18/08/2021 IN COM.A.P.No 32/2021 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT), BENGALURU, WHEREIN THE HON'BLE TRIAL COURT REJECTED THE I.A.NO.1 FILED BY THE APPELLANTS, UNDER SECTIONS 5 AND 14 OF THE LIMITATION ACT, READ WITH SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996, CONSEQUENTLY DISMISSAL OF ARBITRATION PETITION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AS TIME BARRED AND SET ASIDE THE AWARD DATED:14/03/2019 IN A.C.No.9/2018 AND TO ALLOW THIS APPEAL AND TO PASS SUCH OTHER SUITABLE RELIEFS IN THE INTEREST OF JUSTICE AND EQUITY.

IN COMAP No.162 OF 2022

BETWEEN:

1. THE CHIEF ENGINEER THE KARNATAKA STATE HEALTH SYSTEM DEVELOPMENT PROJECT PRESENTLY KNOWN AS DEPARTMENT OF HEALTH

AND FAMILY WELFARE ENGINEERING WING 1ST FLOOR, PHI BUILDING SESHADRI ROAD BENGALURU - 560 001.

PRESENTLY SITUATED AT:

ENGINEERING WING O/o OF THE CHIEF ENGINEER AROGYA SOUDHA 3RD FLOOR, LEPROSY HOSPITAL PREMISES 1ST CROSS, MAGADI ROAD BENGALURU - 560 023.

2. THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE III FLOOR, VIKAS SOUDHA BENGALURU - 560 001. ...APPELLANTS

(BY SHRI. SHRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)

AND:

1. U.B. SHETTY S/O MADAYYA SHETTY AGED ABOUT 58 YEARS CLASS I CONTRACTOR R/AT WINDCHIEM NO.497, 6TH MAIN R.M.V 2ND STAGE DOLLARS COLONY BENGALURU - 560 007.

2. KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT REP. BY THE PROJECT ADMINISTRATOR KHSDP, I FLOOR, STATE FOOD LABORATORY BHI BUILDINGS, SESHADRI ROAD K.R.CIRCLE BENGALURU - 560 001. ...RESPONDENTS

(BY SHRI. AJAY J. NANDALIKE, ADVOCATE FOR C/R1)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 18/08/2021 IN COM.A.P.No 33/2021 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT), BENGALURU, WHEREIN THE HON'BLE TRIAL COURT REJECTED THE I.A.NO.1 FILED BY THE APPELLANTS, UNDER SECTIONS 5 AND 14 OF THE LIMITATION ACT, READ WITH SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996, CONSEQUENTLY DISMISSAL OF ARBITRATION PETITION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AS TIME BARRED AND SET ASIDE THE AWARD DATED:14/03/2019 IN A.C.No.10/2018 AND TO ALLOW THIS APPEAL AND TO PASS SUCH OTHER SUITABLE RELIEFS IN THE INTEREST OF JUSTICE AND EQUITY.

IN COMAP No.163 OF 2022

BETWEEN:

PRESENTLY SITUATED AT:

ENGINEERING WING O/o OF THE CHIEF ENGINEER AROGYA SOUDHA 3RD FLOOR, LEPROSY HOSPITAL PREMISES 1ST CROSS, MAGADI ROAD BENGALURU - 560 023.

2. THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE III FLOOR, VIKAS SOUDHA BENGALURU - 560 001. ...APPELLANTS

(BY SHRI. SHRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)

AND:

1. U.B. SHETTY S/O MADAYYA SHETTY AGED ABOUT 58 YEARS CLASS I CONTRACTOR R/AT WINDCHIEM NO.497, 6TH MAIN R.M.V 2ND STAGE DOLLARS COLONY BENGALURU - 560 007.

2. KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT REP. BY THE PROJECT ADMINISTRATOR KHSDP, I FLOOR, STATE FOOD LABORATORY BHI BUILDINGS, SESHADRI ROAD K.R.CIRCLE BENGALURU - 560 001. ...RESPONDENTS

(BY SHRI. AJAY J. NANDALIKE, ADVOCATE FOR C/R1)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 18/08/2021 IN COM.A.P.No 35/2021 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT), BENGALURU, WHEREIN THE HON'BLE TRIAL COURT REJECTED THE I.A.NO.1 FILED BY THE APPELLANTS, UNDER SECTIONS 5 AND 14 OF THE LIMITATION ACT, READ WITH SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AS TIME BARRED AND SET ASIDE THE AWARD DATED:14/03/2019 IN A.C.No.12/2018 AND TO ALLOW THIS APPEAL AND TO PASS SUCH

OTHER SUITABLE RELIEFS IN THE INTEREST OF JUSTICE AND EQUITY.

THESE COMMERCIAL APPEALS COMING ON FOR ADMISSION, THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-

JUDGMENT

Learned advocate for the appellants submits that

these appeals have been rendered infructuous and

prayed for their dismissal. He has filed memos to the

said effect and the same be kept in record.

2. In the circumstance, these appeals are dismissed

as having become infructuous.

No costs.

Sd/-

JUDGE